Jeff Tittel, Director, New Jersey Sierra Club

Transcription

1 Jeff Tittel, Director, New Jersey Sierra Club

2 We need to be united together to fight this pipeline! We must oppose the pipeline, not move the pipeline. If you push to move it then you support it and will be sacrificing one neighbor for another. Local knowledge and input is incredibly important when it comes to fighting the pipeline. We need the knowledge to find places to slow down and stop the pipeline. You should not allow them on your land and if you have, you should rescind it. The less information they have the harder it is for them to get approval.

3 Spectra Energy s Algonquin Pipeline Expansion: would go 20 miles through Bergen and Morris Counties, and run down through Union County Tennessee Gas Pipeline: which runs 13,900 miles from Texas to Boston it would install approximately 40.3 miles of new 30-inch-diameter pipeline loop in five separate segment of Pennsylvania; and Sussex, Passaic, and Bergen Counties, New Jersey. Spectra Pipeline, possible expansion: currently runs through Elizabeth, Bayonne, Jersey City and Hoboken, but another there is a possibility of another pipeline to run north Spectra Energy Pipeline: would go through Essex County through the Meadowlands and Hudson County eventually to NYC Transco Leidy Line: Williams has proposed the Leidy Southeast Expansion, which would add 30 miles of pipe parallel to the Transco line in Pennsylvania and Somerset, Hunterdon and Mercer counties. PennEast Pipeline: The pipeline would spans 114 miles from Luzerne County, PA, crossing the Delaware River near Riegelsville, NJ, then traversing Hunterdon County to the edge of Mercer County. In late September PennEast Pipeline filed their application to FERC. We are waiting for the EIS for the PennEast pipeline to come out this isn t likely to be soon due to realignment from the original route. Leidy Loop: part is already under construction; The portion of the Transco pipeline affecting Princeton and Montgomery is proposed to run through Princeton Ridge containing boulders, bedrock and wetlands, and is part of the mile Skillman Loop. Diamond State Expansion: will stretch 50 miles from a gathering system in Luzerne County and Lycoming Counties in Pennsylvania and terminate at in Mercer County, New Jersey; may eventually head all the way to Mississippi Columbia Interconnect Station: Mercer County Columbia Northampton Expansion: under review to go through Hunterdon County Texas Eastern Line: would run through Middlesex, Mercer, and Hunterdon Counties reversing south to the Gulf Coast Transco Garden State Expansion: Mercer and Burlington to put a substation with a pipeline loop Columbia East Side Expansion Project: The project will involve the installation of two natural gas pipelines with approximately 9.5 miles of pipeline in Chester County, Pennsylvania and 9.5 miles of pipeline in Gloucester County, New Jersey. South Jersey Gas: This pipeline would cut through areas in the Pinelands. The Executive Director of the Pinelands Commission ruled that the project was solely for the benefit of the Pinelands region (overruling her staff s recommendation), allowing the project to bypass the Commission. This contradicts South Jersey Gas claim to the BPU that the project would provide resiliency for the broader South Jersey power grid. The only approval that will now be needed is by the BPU to allow the project to be exempt from local zoning regulations. A BPU public hearing will be held Monday Oct. 19 th on the proposal. Southern Reliability Link (New Jersey Natural Gas): New Jersey Natural Gas (NJNG) is proposing a new pipeline through the Pinelands. This pipeline would be 28 miles long and traverse through Burlington, Monmouth, and Ocean counties.

4 Liquefied Natural Gas Liberty Liquefied Natural Gas (LNG) facility and pipeline: The facility would accept import shipments of LNG off New Jersey, treat the gas on site, and then connect with the regional pipeline transmission system. The final Environmental Impact Statement (EIS) for the proposed facility has been posted on the U.S. Coast Guard Docket and hearing dates are planned to be posted soon. Oil/Gasoline Pilgrim Pipeline: Pilgrim has proposed to build two bi-directional parallel pipelines carrying Bakken shale oil from Albany, New York to Linden, New Jersey. It would cross five New Jersey counties including major water supply rivers and watersheds including the Passaic, Ramapo, and Pompton. Buckeye Pipeline: oil pipeline from Linden to Carteret Possible Expansion Millennium-Ramapo Expansion: Millennium currently runs through New York State is expected to run into Algonquin (there is nothing proposed yet but Algonquin has not allowed Pilgrim Pipeline access to their right-of-way and we expect they want to expand Millennium through Bergen County)

5 Proposed supply point in Chesterfield 14 Bordentown-Chesterfield Road Adjacent to the New Jersey Turnpike Will mean more: noise air pollution light development

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8 30 miles, 30 inches, 722 pounds psi gauge Burlington, Ocean, Monmouth Counties: Chesterfield to Manchester Runs through the Pinelands National Reserve

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10 could impact drinking water goes through preserved open space and farmland and would destroy habitat could pollute high quality streams and rivers cuts across important Pinelands waterways would promote sprawl and overdevelopment Joint Base area in the Preservation Area established by the Pinelands Protection Act supposed to get the highest level of protection will not save consumers money or create jobs

11 What agencies will we be dealing with and how can we fight this pipeline at each one?

12 Regional permits U.S. Army Corps of Engineers Department of Environmental Protection (DEP) Air permits Water permits Federal Energy Regulatory Commission (FERC) Lead agency in compressor station review

13 Federal Energy Regulatory Commission (FERC) Application is for a Certificate of Public Convenience and Necessity & Notice to Proceed FERC will look at market, gas prices, and impacts of the project in its review Cooperating agencies US Fish and Wildlife NJ DEP Pipeline and Hazardous Materials Safety Administration

14 PRE-FILING PROCESS- PF15-1 Voluntary, first step in process Open House Meetings Environmental review typically begins during this time Can submit comments APPLICATION SUBMITTED Matter is officially before FERC Individuals may INTERVENE

15 Any individual can do and formally places your position on the record Benefits Right to request rehearing of Commission orders Right to appeal final agency actions in the U.S. Circuit Courts of Appeal FREE and EASY! EELC s Citizen s Guide & FERC website offer instructions: Can only be done within 30 days of application being filed

16 National Environmental Policy Act requires review of actions by federal agencies that could impact the environment Notice of Intent: EA vs. EIS Scoping Period 30 day comment period Public Hearings Issuance of NEPA Document No deadline for issuance following Scoping comment period EA: EIS or FONSI EIS: Preferred Alternative and Record of Decision (ROD)

17 FERC e-comment at (does not require registration) FERC e-subscription to receive notifications: Subscription based on Project Docket Number: PF15-1 will CHANGE when application is submitted

18 Army Corps of Engineers Department of Defense Environmental Protection Agency Superfund sites US Fish and Wildlife Service Can comment on applications at state and federal level for environmental impacts

19 Department of the Interior 319 review if it impacts any historic structure or district on National Registrar of Historic Places Federally preserved lands like National Parks, National Wildlife Refuges, preserved lands, etc. Any New Jersey Green Acres lands purchased with federal Land and Water Conservation Funds need to be signed off on

20 New Jersey does not require an EIS unless it has public money involved. However, since the pipeline cuts through the Joint Base, it could trigger a NEPA process. Natural Resources and Conservation Service State Agriculture Development Committee Pinelands Commission Is it consistent with CMP? MOA waiver of strict compliance Private development for use only in the pines Board of Public Utilities (BPU) determines if project is necessary Exemptions from local land use Right of eminent domain

21 Department of Environmental Protection is the lead agency in the pipeline review. 401 water permits Stream encroachment crossings, buffers Wetlands fill, crossing, and buffers Flood hazards fill, buffers Stormwater CAFRA Coastal Program Green Acres Statehouse Commission Watershed Moratorium Commission Water allocation NJPDES (water discharge) Threatened and Endangered Species SHPO (historic reviews) Other land use permits

22 Delaware River Basin Commission Determines who has jurisdiction Holds public hearings Creates strict construction requirements

23 S3108 (Addiego)/A4455 (Dancer) allow pipelines to go through existing utility easements under certain circumstances allow for widening rights of way end up doing even more damage to these areas using preserved farmland for private utility companies with no money being given back to the taxpayer We must fight to stop the pipeline, not just move it!

24 Without public participation and municipal planning THIS is what can happen Loss of LAND USE Loss of Quality of Life Environmental Degradation Property Devaluation Safety Hazards

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27 Pipelines are classed by allowable pipe stresses (% of specified minimum yield strength - SMYS) and population density near the pipeline Pipe strength/wall thickness requirements reflect the maximum allowable SMYS: 0.72 (Class 1), 0.60 (Class 2), 0.50 (Class 3) and 0.40 (Class 4) Potential Issues: Population growth - Class One becomes Class 2-4 HCA When a community class location changes, pipeline operators must either: reduce the pipe's operating pressure to reduce stress levels in the pipe or replace the existing pipe with pipe that has thicker walls or higher yield strength to yield a lower operating stress at the same operating pressure, or perform more frequent integrity management tests

28 High Consequence Areas (HCA) an area where transmission pipeline releases could have greater consequences to health and safety or the environment. (and) The land area in which spilled hazardous liquid could affect the water supply. Class Determination: Using population & building density: Classes 1 (rural) to Class 4 (densely populated)

29 *Source: (PHMSA) 1) PIR estimates the distance from a potential explosion in which death, injury or significant property damage could occur. 2)PIR circles are defined as HCAs if the PIR contains: 20 or more structures intended for human occupancy; buildings housing populations of limited mobility; buildings that would be hard to evacuate (e.g., nursing homes, schools); or buildings and outside areas occupied by more than 20 persons on a specified minimum number of days each year such as places of worship 3)Operators must calculate the potential impact radius for all points along their pipelines and evaluate corresponding impact circles to identify what population is contained within each circle 2) Landowners /municipalities should ask for and obtain in writing the Potential Impact Radius (PIR) for proposed pipelines. Formula: PIR = 0.69 * (p*d2)0.5 Where: PIR = Potential Impact Radius (in feet) p = maximum allowable operating pressure (in pounds per square inch) d = nominal pipeline diameter (in inches), and 0.69 is a constant applicable to natural gas (constants for other gases must be determined in accordance with Section 3.2 of ASME B31.8S-2001)

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31 Signing a ROW should be reviewed by a professional as if you were buying or selling your property on the open market ROW agreements become amendments to your property deed - in perpetuity Funds received by a landowner in a ROW agreement are subject to income taxes - You will receive a 1099 ROW funds are often required to be surrendered to your mortgage company to satisfy their lien as the first deed holder Granting an easement may affect your existing mortgage or the ability to refinance your mortgage, so the bank or other institution holding your mortgage should be consulted Do not rush into a decision to grant an easement Do not be pressured by a land agent into signing an easement until you have sought professional help Do not to sign an easement based on a fear that your property will be taken by condemnation. Eminent domain DOES NOT allow the pipeline company to take ownership of your home or land Seek advice from your accountant or tax professional Excerpts from PSC Landowner Rights

32 You have the right to: Say NO! Deny a survey of your property Rescind permission to survey your property Negotiate terms - easement payment plus damages to crops or timber, impact to land value Meet and negotiate as a community, neighborhood, county, state, interstate community Participate and Intervene in the FERC process: comment in pre-filing wait for the EA or EIS to be issued and review the EA/EIS wait for a FERC Approval to be issued before signing an easement Always - always - obtain written answers to your questions

33 Pipeline operators might not tell you: Right of Way Easements: Permanent or Temporary Permanent ROWs give operators use in perpetuity Temporary easements (workspace): Compensated at a lower rate May cause permanent changes to land, environment, quality of life Do not become amendments to your deed

34 Granting a permanent ROW easement restricts use of your land on that ROW, in perpetuity - to access and lawn use The ROW may affect: Property Value Ability to develop or use your property Marketability of your property Quality of life Regardless of your loss of land use in the ROW, you, the landowner pays taxes and insurance on the ROW easement Once an easement is on your land, it is easier for the pipeline company to: expand the ROW expand the size of existing pipelines put more pipes in the ROW sell easements for use of the ROW to other entities

35 Property Valuation You do not have to accept the first offer made to you. Investigate all ramifications to your property. Diminished Property Value: Pipeline operator land valuation appraisals have stated: The subject land is encumbered by a gas pipeline easement We have estimated that the easement diminishes the value of the underlying land by 50% A Recent court ruling in MD estimated approximately 20% devaluation of the entire parcel where a pipeline existed

36 NIMBY= Not in my backyard Becomes an industry tool to divide and conquer communities, neighbors, friends, and pipeline opposition Pipeline operators determine the value of your land using their contracted appraisers.

37 We must stand united if we are going to stop this pipeline!

38 Thank you for joining us tonight!